Quick Advice: Donating a boat ride for charity - Page 2 - SailNet Community
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post #11 of 100 Old 01-04-2015 Thread Starter
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Re: Quick Advice: Donating a boat ride for charity

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Originally Posted by CalebD View Post
I'll also agree that a 6-pack license IS required to make something like this entirely legal.
That said, my boat partner volunteered our boat for a similar charity auction. I forget the price it sold for. Neither of us have the 6-pack license.
Long and short of it, the people who bought the "boat ride" never got their ride, either because they did not contact us or ... It just never happened.
I think they did not mind the $75 donation to a good cause and just never bothered to redeem their ride. If the cost/donation amount is low enough, many people are just too busy to try to take advantage (not to mention that any "boat ride" would require YOU to be free and have time for it).
I'd always go into something like this with the assumption that the winning bidder would "call my bluff."

Just got back from the meeting, and I was able to tactfully decline. I had some other very good donations to make instead, so they did not need any more from me.

Rick S., Swarthmore, PA
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post #12 of 100 Old 01-04-2015
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Re: Quick Advice: Donating a boat ride for charity

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Originally Posted by mstern View Post
----
I am a lawyer and decided to answer the question you are asking before actually making the donation.
The short answer: you need to be a licensed skipper to do this to be in compliance with maritime law. End of story. ----
I once got involved in a rather unpleasant internet discussion about this very question. I finally realized that one person was arguing about what the law said, and I was arguing about what the law is.
I do not intend to get involved again beyond this post, but I do wonder:
mstern, do you have any case law to support your viewpoint?
Thanks.

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post #13 of 100 Old 01-04-2015
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Re: Quick Advice: Donating a boat ride for charity

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Originally Posted by TakeFive View Post
I'd always go into something like this with the assumption that the winning bidder would "call my bluff."

Just got back from the meeting, and I was able to tactfully decline. I had some other very good donations to make instead, so they did not need any more from me.
I'm kinda surprised you looked for info here after seeing you live in Swathmore,My first barber job was there and there were more Drs and Lawyers than I could imagine,I would have thought one of your neighbors would be a lawyer that could have advised you
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post #14 of 100 Old 01-04-2015 Thread Starter
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Re: Quick Advice: Donating a boat ride for charity

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I'm kinda surprised you looked for info here after seeing you live in Swathmore,My first barber job was there and there were more Drs and Lawyers than I could imagine,I would have thought one of your neighbors would be a lawyer that could have advised you
When your neighbors are asking you to make a questionable donation, you tend to seek out people who are not your neighbors for impartial advice. Even doctors and lawyers tend to be a lot less careful with others' liability than they are with their own.

Everyone says "it will be fine, what could go wrong?" Obviously they haven't been on a boat to see what can actually go wrong.

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post #15 of 100 Old 01-04-2015
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Re: Quick Advice: Donating a boat ride for charity

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Originally Posted by TakeFive View Post
When your neighbors are asking you to make a questionable donation, you tend to seek out people who are not your neighbors for impartial advice. Even doctors and lawyers tend to be a lot careful with others' liability than they are with their own.
That makes sense
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Re: Quick Advice: Donating a boat ride for charity

People in our Club do this all the time and partly as a result, we have an excellent image in the community. We take out poor kids, minority kids, at risk kids, disabled folks, dying folks wanting to do one last sail, and much, much more.
And yes, where is the case law? Seriously, where is it?
If you think hard enough, you can always find a reason not to help make the world a better place. The "law" is just an excuse.
Just write them a big fat check.
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post #17 of 100 Old 01-04-2015
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Re: Quick Advice: Donating a boat ride for charity

I guess we live in a less litigious society.. we've done this annually for the past 10 years without incident or issue. The fundraiser is a silent auction, but a few 'big ticket' items are live bids... our trip is one of them that usually raises between $300-400 for my wife's preschool fundraiser.

We take them out for a sail in the bay, anchor for a late lunch and sail them home by dinner time. It's always been a very pleasant experience with lots of good feedback, and it's one of the most sought after items in the auction every year.

Ron

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Re: Quick Advice: Donating a boat ride for charity

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Originally Posted by FSMike View Post
I once got involved in a rather unpleasant internet discussion about this very question. I finally realized that one person was arguing about what the law said, and I was arguing about what the law is.
I do not intend to get involved again beyond this post, but I do wonder:
mstern, do you have any case law to support your viewpoint?
Thanks.
Yes, I have plenty of case law on point. Auctioning off time on your boat is treated as commercial operation by the USCG. even if you don't directly benefit from the money.

Greg
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Re: Quick Advice: Donating a boat ride for charity

The Philadelphia area is one of if not the most litigious in the country
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post #20 of 100 Old 01-05-2015
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Re: Quick Advice: Donating a boat ride for charity

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Originally Posted by Stumble View Post
Yes, I have plenty of case law on point. Auctioning off time on your boat is treated as commercial operation by the USCG. even if you don't directly benefit from the money.
Thank you Greg, but I'm not asking what the USCG thinks.
I am looking for judicial decisions where the court expressly states that donating a boat ride requires a licensed captain.
That's the court, not the USCG.

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